GENERAL TERMS AND CONDITIONS OF SALE WALLERIANA
Walleriana is a French brand, aimed at anyone subject to mild venous circulation disorders. Launched in December 2014, Walleriana offers trendy and comfortable products (tights, socks and soft compression stockings, wellness accessories) with the main objective of preventing the risks associated with venous insufficiency.
The websites "walleriana.com" and "walleriana.com/mag" are published by:
26 rue Anderemarienea
64500 Saint Jean de Luz
N° RCS of Bayonne: 795 193 648
Telephone: 07.56.92.25.25 (customer service = no canvassing please)
Intracommunity VAT number: FR10 79519364800040
II. Director of publication
Juliette de Feraudy
SAS with a capital de €10 069 020
RCS Lille Métropole 424 761 419 00045
Code APE 2620Z
VAT NUMBER : FR 22 424 761 419
Head of office : 2 rue Kellermann - 59100 Roubaix - France.
4.1. Terms used
In these General Conditions of Use and Sale, hereinafter the "GCU" and "GCS", terms beginning with a capital letter have the meaning attributed to them below:
- “Walleriana": a sole proprietorship registered in the Paris Trade and Companies Register under number 795 193 648 00040 and domiciled at 26 rue Anderemarienea 64500 Saint Jean de Luz. Walleriana is wholly owned by Mrs Juliette TREY DE FERAUDY.
- “Socks»: Walleriana brand well-being socks, with light (class 1) to moderate (class 2) compression, to improve venous return.
- “Tights»: refers to Walleriana brand wellness tights, with a light (class 1) to moderate (class 2) compression, to improve venous return.
- “Hosiery»: refers to Walleriana brand wellness hosiery with a light (class 1) to moderate (class 2) compression to improve venous return.
- “Accessories»: refers to all other products not belonging to the category of tights, socks and support stockings, sold on the Walleriana website, and sold as accessories to the Main Products, and/or separately from the Main Products.
- “Products»: refers to any good offered for sale on the Walleriana website.
- “Main Products»: refers to the tights, socks and stockings sold on the Walleriana website as the main activity.
- “Services»: refers to the services and products offered on the Walleriana website.
- “Intellectual Property»: refers to the rights relating to patents, trademarks, designs, original content, know-how, trade names and any other intellectual property rights which are subject to protection.
- “Sites" means the Walleriana.com and walleriana.com/mag websites.
4.2. Interpretation and terms
Words in the plural have the same meaning as those written in the singular and vice versa.
The French language is the language of interpretation in case of doubt or discrepancy in the meaning of a term.
V. General provisions
5.1. Purpose of the TOU and GTC
These T&Cs and GTCs govern your relationship with Walleriana outside of and in the context of the sale of Products.
5.2. Acceptance of T&Cs and GTCs
The use of the Websites is reserved for any natural person of legal age, having the legal capacity or holding parental authorisation allowing him/her to commit to the present GTC and GTC.
These GTU and GTC are available at the bottom of each page and can be consulted, downloaded, saved and printed for strictly personal use at any time.
5.3. Application of the TOU and GTC
These GTC apply from the moment you enter the Sites until the end of your visit.
In particular, the GTC apply to any sale made from the Sites. It is your responsibility to read them before placing an order and to tick the box provided for this purpose when confirming your order.
Confirmation of the order implies express and unreserved acceptance of the GTC in force on the day of confirmation. They are therefore binding on you as soon as they are accepted.
As the GTC may be modified at any time by Walleriana, the version of the GTC applicable to the online contract is the one in force on the day of the order.
The Sites are accessible 7 days a week, 24 hours a day, except for necessary maintenance operations.
Their consultation requires the appropriate equipment for any navigation on the Internet (computer, smartphone, tablet, etc.) and a suitable connection. The use of a programming language or specific software on your part is your responsibility.
All costs that you may incur to access the Sites (computer hardware, software, internet connection, etc.) are at your expense.
Walleriana shall not be held responsible for any problems with data transmission, connection or unavailability of the network, nor for any damage resulting from the unavailability of the Site.
Walleriana reserves the right to change the Site for technical or commercial reasons.
In addition to compliance with these terms and conditions, the use of the Sites is subject to strict compliance with the legislative, regulatory and administrative provisions in force.
You are also subject to an obligation of loyalty towards Walleriana and other users.
In the context of the blog in particular, you undertake not to post any abusive, defamatory or malicious comments or comments that may damage the integrity of Walleriana, its Websites or their content, or other users or third parties.
You also agree not to attempt to interfere with the proper functioning of the Site.
Furthermore, any act of advertising is strictly prohibited on the Sites.
You may register with the Sites provided that you are of legal age and capable of entering into a contract or have parental authority to enter into a legal commitment. In this context, you must provide your e-mail
address, your first and last names and a password, and optionally your birthday. After sending the form, an e-mail is sent to you with a registration confirmation link.
You may only have one account.
You guarantee to Walleriana the accuracy, sincerity and conformity of the data you have entered and you undertake to modify the latter in the event of a change in your situation.
You guarantee the confidentiality of your account and your connection data (login and password).
The account is exclusively personal and may not be used or transferred to a third party.
If you forget your password, you can request that it be reset by providing your e-mail address.
You guarantee Walleriana against:
- any use of your account contrary to the GCU and GTC;
- any fraudulent use by you or a third party;
- any usurpation of your identity;
- any loss or theft of your login data and any damage that may result from this. In this case, you undertake to inform Walleriana without delay.
Walleriana reserves the right to delete or suspend your account and/or to engage your responsibility in case of:
- a double account;
- fraudulent use on your part or on the part of a third party;
- usurpation of identity;
- damage resulting from the loss or theft of your connection data.
IX. Products offered
9.1. Description of the Products and Services
The Tights, Socks and Well-being Stockings offered for sale and described on the Websites are Products with a degressive compression, made from a specific mesh allowing, when worn, to improve venous circulation and consequently to prevent the risks linked to circulation disorders. Walleriana Tights, Socks and Well-being Stockings have a light to moderate degressive compression, strictly designed for the well-being of the legs and the prevention of minor circulation disorders.
Accessories are fashion products sold separately or in addition to the Main Products offered on the Walleriana website.
The essential characteristics of the Products are set out on the Sites so that you may be aware of them before placing any order.
The presentation and description of each Product displayed on the Websites are made with the utmost care, in order to inform you as best as possible.
Walleriana guarantees that the Products offered for sale comply with French and European legal, regulatory and administrative requirements relating to the safety and health of consumers, but also to the fairness of commercial transactions and the protection of consumers at the time they are placed on the market.
Finally, in the context of its Blog, Walleriana offers advice and recipes for well-being, portraits of women (contractors or others), and news related to Walleriana.
Despite all the attention paid to the quality of the items on sale, Walleriana warns you of the risks that may result from the improper use of the Tights, Socks and Stockings.
The Tights, Socks and Stockings are manufactured under strict conditions in accordance with European (CE) and American (FDA) standards and are made from quality materials. Nevertheless, some materials may cause intolerances (Walleriana's Tights, Socks and Stockings are guaranteed LATEX-FREE). It is your responsibility to inform yourself before using the Tights, Socks and Stockings sold on the Sites.
It is your responsibility to consult a general practitioner or specialist angiologist for an appropriate diagnosis prior to using the Services offered on the Sites and to using the Tights, Socks and Stockings.
The advice, services and information provided on the Sites are neither complete nor exhaustive. The advice, services and information provided on the Sites are not intended to constitute medical advice or consultation and should not be relied upon to replace the advice of a medical professional.
In case of doubt as to the choice of the appropriate size and level of compression for venous disorders, you should refer to the indications provided by your general practitioner or angiologist.
Walleriana cannot be held responsible in the event of misuse, use without prior medical advice, use contrary to medical advice, or poor maintenance of the Tights, Socks and Stockings on your part.
X. Product prices and payment terms
10.1. Product prices
The prices are indicated in euros, including all taxes for France and the European Union, excluding the French Overseas Departments and Regions, excluding any contribution to shipping costs.
Whatever the origin of the order, its payment is made in euros.
It is your responsibility to carefully review and check the details of your order, including the price and any discounts, before confirming it.
Walleriana reserves the right to change prices at any time. However, the products are invoiced on the basis of the prices in force at the time the order is registered.
Confirmation of the order is equivalent to an obligation to pay.
The products are payable in cash on the day of the effective order.
The products remain the property of Walleriana until the price is paid.
In any event, Walleriana reserves the right to cancel any order for which payment is incomplete.
10.2. Terms of payment
For any payment by credit card, you have the choice between payment via the STRIPE payment module or payment by bank transfer.
10.2.1. Payment via STRIPE :
Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by bank card is made by our payment service provider. The information transmitted is encrypted according to the rules of the art and cannot be read during transport on the STRIPE network. Once the payment has been initiated, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay by card is irrevocable. By communicating your banking information at the time of the sale, you authorise Walleriana to debit your card with the amount relating to the price indicated. You confirm that you are the legal holder of the card to be debited and that you are legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the sale is immediately cancelled and the order cancelled.
10.2.2. Payment via bank transfer :
You have 24 hours after validation of your order to make the transfer. After this period, the order is cancelled.
The bank details to be used for transfers are as follows
Account number: 87003560013
FOREIGN IBAN: FR76 1690 6000 1387 0035 6001 331
NAME and ADDRESS of the holder:
26 rue Anderemarienea
64500 Saint Jean de Luz
Before any validation of an order, in order to avoid any attempt at fraudulent use of the means of payment, Walleriana reserves the right to suspend the order in progress, whatever the amount, and to ask you for a photocopy of a valid identity document.
10.3. Fight against fraud
In the event of a payment incident, attempted fraud or proven fraud on a previous order, Walleriana reserves the right to cancel any current order as well as all subsequent orders, and to proceed with the immediate recovery of the sums due.
In the event of an attempt at fraud, Walleriana reserves the right to cancel the current order and to delete the account of the said fraudster, and this permanently.
Any attempt at fraud, for whatever amount and whatever its origin, will be subject to criminal prosecution before the French courts.
In the event that Walleriana should have to call upon a third party to recover a debt, the costs of recovery shall be borne by the debtor.
XI. Ordering steps
11.1. Offer to sell
The offer for sale concerns the Products presented on the Sites.
Written in French and English, it is reserved for consumers located in Metropolitan France and in the French overseas departments, in the territories of Europe and America.
Unless a specific duration is mentioned, the offer of sale is valid as long as the Products remain indicated on the Sites and within the limits of available stocks.
The offer to sell is considered accepted from the moment you confirm your order.
Before placing your order, you must have read the GTC and the GTC.
Once you have filled your shopping cart with the desired Products and quantities of Products, you can click on "order".
You will then be redirected to the "information" page where you will be asked to fill in your delivery and payment details.
At this point, you can return to the previous pages to change your order or correct the information you have given.
You will be asked to accept the T&Cs when you confirm your order. Confirmation of the order implies acceptance of the GTC and GTC.
You will receive an email from Walleriana as soon as possible acknowledging receipt of your order and payment. A summary of the order is also sent to you. These documents constitute a contract of sale between Walleriana and you.
Any modification of an order after confirmation of the latter is subject to acceptance by Walleriana.
Walleriana may refuse an order for legitimate reasons, such as an abnormally large quantity of Products.
In the event of the unavailability of a Product which was not indicated at the time of the order, the order is automatically transformed into a pre-order. Walleriana will then send you an e-mail confirming the pre-order while waiting for available stock. You may object to this by e-mail, in which case Walleriana undertakes to reimburse you the amount of your order within 30 days at the latest.
XII. Conservation, archiving and proof.
The order forms and delivery forms are kept and archived on a reliable and durable medium in order to constitute a faithful and durable copy of the contractual relations within the meaning of Article 1379 of the Civil Code. They may be produced as proof of the contract.
XIII. Delivery of the Products
13.1. Delivery terms and deadlines
Walleriana delivers its Products in Metropolitan France and in the French Overseas Departments and Territories, in Europe and in America. Delivery costs vary according to the destination of the Products. The amounts are indicated to you at the time of your order.
Delivery is made to the delivery address you indicate when you place your order. It is your responsibility to check the accuracy of this information when validating your order. You are responsible for the cost of returning the package if the name or address is incorrect.
The order will be shipped upon receipt of full payment.
The tracked parcel is delivered to the transport service provider within an average of 24 to 48 hours after receipt and validation of the order, from Monday to Friday, excluding public holidays.
Exception concerning the opening of pre-orders: in this case, and only in this case, you are informed that you can order the Product on the Sites even though it is not in stock. Walleriana undertakes to inform you as soon as the Products are sent.
The delivery time corresponds to the average time taken to process the order and is only indicative.
Packages are sent by recorded delivery. The tracking number is sent to you by e-mail or, if this is not the case, you can request it by sending an e-mail to email@example.com.
The delivery will take place at the latest 30 days after the validation of your order or the sending of the Products in the case of pre-orders.
13.2. Treatment of disputes and claims related to delivery
In case of absence, the parcel will be deposited in your mailbox. If this is not possible, the service provider will leave a delivery note.
If you do not respond within the time period indicated on the delivery note, the Products are returned to us and we will contact you to arrange a new delivery date. If you do not respond within a reasonable time, we will refund your payment.
Where a delay in shipment is likely to have an impact on the delivery time, Walleriana will inform you immediately.
In the event of a delay in delivery, you may contact Walleriana for the purpose of processing your complaint at the following e-mail address: firstname.lastname@example.org.
Walleriana undertakes to deal with all your complaints as soon as possible.
If the delay exceeds the time limit set at the time of placing the order, you may request us to deliver the order within a reasonable time. If we do not respond, you can send us a request to terminate the contract by registered letter with acknowledgement of receipt. In this case, the payment will be reimbursed within 14 days of the cancellation of the contract. If delivery has taken place within this 14-day period, you may return the delivered Products to us within 14 days of the date of receipt of the Products.
In the event of a delivery error, you undertake to inform us of the error on the day following the scheduled delivery.
In the event of a damaged package (Product missing, visibly damaged in its packaging, or packaging already opened), you undertake to notify Walleriana by any means, and within 3 days of receipt of the said Product.
In the event of a non-conforming Product, you may contact us within the same period of time to obtain a replacement or the cancellation of the sale.
Failure to deliver will automatically terminate the contract of sale.
The risk of loss or damage passes to you when you take possession of the Products.
XIV. Right of withdrawal
In accordance with the legal provisions in force, you have a right of withdrawal which you may exercise at your discretion within the legal period of 14 clear days from receipt of the Products at your delivery address.
This right can also be exercised before receipt of the Products.
To exercise this right validly, you must send us your request via the form below by post or by e-mail:
You have 14 days from the date of your request for withdrawal to return the Products to us.
The Products returned, with the exception of Tights, Stockings and Socks, must be in their original condition and packaging allowing them to be remarketed in new condition, accompanied by the original invoice.
Tights, stockings and socks must be returned to us in their original unopened (sealed) condition and packaging. Under no circumstances must they have been worn.
In general, any Product showing signs of use or wear will be systematically refused.
Your refund will be made within 14 days from the date you have made your claim and the Products have been returned to us. This refund period may be deferred until the Products have been recovered or until you have provided us with proof that the Products have been shipped. This refund will be made by the same method of payment that you used.
15.1 Conventional guarantee
Concerning Walleriana brand products only: if the tights or socks sold break down within two to six months (the time limits are indicated on the product sheet), Walleriana undertakes to send you a new identical or equivalent Product free of charge within the limits of available stocks, or to refund you.
15.2 Legal guarantees
In accordance with the provisions of Article L.217-5 of the Consumer Code and Article 1641 of the Civil Code, the Products delivered by Walleriana benefit from a two (2) year guarantee, as from their date of receipt, covering the non-conformity of the Products with the order and any hidden defect, resulting from a defect in material, design or manufacture affecting the Products delivered and making them unfit for use.
Terms of implementation of the guarantees
Within the framework of the legal guarantee of conformity, the Customer :
-has a period of two (2) years from the delivery of the Product to act
-may choose between repairing or replacing the Product, subject to the cost conditions set out in Article L217-9 of the French Consumer Code
-is exempted from proving the existence of the lack of conformity of the Product during the two years
The Customer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, the Customer may choose either to terminate the sale or to reduce the sale price in accordance with Article 1644 of the Civil Code.
The Customer shall then contact Walleriana at the following address: email@example.com
In order to assert his rights, the Customer must, under penalty of forfeiture of any action relating thereto, inform Walleriana, in writing, of the existence of the defects as soon as possible.
Walleriana will replace the Products deemed defective after their return to its premises.
Any warranty is excluded in the event of abnormal conditions of transport, misuse, negligence or lack of maintenance on your part, as well as in the event of normal wear and tear or force majeure.
The Products are considered to be in conformity with the contractual provisions if the following conditions are met
- they must comply with the description and possess the characteristics set out on the Site
- they must be suitable for the purposes for which products of this kind are generally designed
- they meet the quality and durability criteria that are generally accepted for products of the same kind and that can reasonably be expected.
Exclusion of guarantees
The warranty does not cover Products that have been modified, repaired, integrated or added by the Customer. The warranty shall not apply to visible defects. The guarantee will not cover Products damaged during transport after delivery or as a result of misuse, negligence, normal wear and tear or force majeure.
Products returned for lack of conformity must be returned in their original, undamaged packaging. Any Product already worn or not respecting the conditions of return will not be exchanged or refunded.
In the event of a hidden defect, Products must be returned in their original packaging. If you wish to return a Product you must contact Walleriana by e-mail at the following address: firstname.lastname@example.org or our Customer Service Department on 07 56 92 25 25.
The return of Products must be made by parcel or registered letter, the cost of which is at your expense.
You undertake to send us the tracking number without delay by e-mail.
If the returned Products are in the condition in which they were sent to you, we will reimburse you the price of the return on your express request and on condition that the latter was fair and reasonable, taking into account the number of Products and their weight.
The return address for the Products is as follows:
For the attention of Juliette de Trey de Feraudy
26 rue Anderemarienea
64500 SAINT JEAN DE LUZ
All risks and costs related to the return of the Products are at your charge. After returning the Products to our premises, we will check their condition. This implies that we can accept or refuse any return that does not comply with the conditions defined in this paragraph. In case of refusal, the Product will be returned to you. If accepted, the Product will be refunded to you.
Returned Products are, if you have expressly requested it, refunded or exchanged. If you do not expressly request this, you will be reimbursed in accordance with the conditions set out in these GTC.
XVI. Refund procedure
A confirmation e-mail is sent to you upon receipt by Walleriana of the Product you have returned.
The refund of all or part of the returned order will be made within the legal period of 14 days from the receipt of the Product, by the same means used for the payment of the order.
Walleriana is only obliged to refund you in accordance with the provisions of these GTC.
XVII. Cancellation of the Sales Contract
You may request the cancellation of the sales contract in the event of the Product's non-conformity with the characteristics declared on the Site or in the event of the delivery period indicated being exceeded.
Walleriana may terminate the sales contract in the event of your refusal to accept delivery or in the event of non-payment of the full price.
This termination shall be effected by registered letter with acknowledgement of receipt. It shall give rise to the return of the Products by you and the return of the payment by us.
XVIII. Intellectual Property
Subject to compliance with these terms and conditions, Walleriana grants its users a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the Websites for personal and non-commercial use only.
All Intellectual Property elements of the Websites and Products are and remain in all circumstances the exclusive intellectual property of Walleriana.
Any reproduction, exploitation, redistribution or use for any purpose whatsoever, even partially, of all or part of the Intellectual Property elements of the Websites and Products found on the Website, whether software, visual or sound, without the express written authorisation of Walleriana is strictly prohibited and may result in civil and criminal proceedings.
19.1. Relating to the use of the Sites
Walleriana is bound only by an obligation of means. Walleriana shall not be liable for any damage resulting from the use of the Internet, such as loss of data, intrusion, viruses, disruption of service, or other unintended problems.
Walleriana cannot be held responsible for fraud on your part or on the part of a third party, or for the usurpation of your identity.
Walleriana shall not be liable for any loss of business, profits, salaries, revenue, data, or lost profits as a result of the use of the Sites under these TOU and T&C.
Walleriana declines all responsibility for hyperlinks published on the pages of the Site and the Blog that may refer to other websites not affiliated with Walleriana.
19.2. With respect to information, advice and services provided by Walleriana
Walleriana does not accept any obligation of result as a result of your use of its Services, or your application of the advice provided by Walleriana.
Your use of the advice, services and information provided on the Websites is at your sole risk.
19.3. Relating to the Products
In accordance with the provisions of Article 6 hereof, Walleriana shall not be liable in any way for the misuse, use without prior medical advice, or improper maintenance by you of the Tights, Stockings and Socks, and other Products found on the Site.
Walleriana shall not be liable for any adverse reactions caused by the wearing of Tights, Stockings and Socks and other Products sold on the Site. It is the responsibility of each individual to seek advice from his or her own GP as to the risks and benefits of using these products.
19.4. Concerning comments
As publisher, Walleriana is the author of the texts reproduced on the Sites.
Users have the possibility to post comments on the published articles. Walleriana controls the content of these comments a priori.
Any obnoxious (apology for terrorism, crimes against humanity, calls for hatred, etc.), insulting, defamatory, infringing on privacy and in general on the rights of individuals will not be published.
The user remains responsible for his or her comments and guarantees Walleriana against any violation of intellectual property rights, infringement of personal rights, public order, good morals, laws and regulations in force.
In accordance with Article 6, I, 7 of the Law for Confidence in the Digital Economy of 21 June 2004, Walleriana provides users of the Websites with a mechanism for reporting obnoxious comments, in particular those that are hateful, discriminatory, that glorify crimes against humanity or terrorism, that provoke hatred or discrimination, or that contain child pornography.
Any obnoxious or manifestly illicit comment will be deleted and may result in the deletion of the author's account and/or the transmission of the information to the competent authorities.
19.5. Relating to the sale of Products
Walleriana shall not be held responsible in the event of partial or total non-performance, late performance or poor performance attributable to you, or attributable to a third party to the contract or resulting from a case of force majeure.
The same would apply in the event of the sale of a Product that does not comply with the legislation in force in your country.
XX. Data protection
XXI. Modification of services and T&Cs
Walleriana reserves the right to modify or discontinue the services offered without notice.
Walleriana reserves the right to modify at any time and without prior notice, all or part of these T&Cs. It is therefore your responsibility to consult these Terms and Conditions regularly. Any use of the Websites after modification of the GTC and GTC implies full and unreserved acceptance of the modifications made to the present.
XXII. Severability of GCU and GTC
If any clause of these Terms and Conditions is found to be unenforceable, illegal, void or deemed unwritten for any reason whatsoever, this shall not affect the validity of the remaining clauses.
XXIII. Amicable settlement of disputes
In accordance with the provisions of the Consumer Code concerning "the mediation process for consumer disputes", you have the possibility of having recourse free of charge to the mediation service proposed by Walleriana.
In accordance with Article L 152-2 of the Consumer Code, one of the prerequisites for MEDICYS to examine the dispute is the following: the customer must justify having previously attempted to resolve his dispute directly with Walleriana by a complaint made by mail or e-mail.
The mediation company :
La Société Médiation Professionnelle
24 rue Albert de Mun - 33000 Bordeaux
XXIV. Applicable law and competent jurisdiction
The Sites and their use are subject to French law in force, as are these GCU and GTC and their interpretation.
Unless otherwise stipulated, the jurisdiction in case of a dispute is the French courts, after the search for an amicable solution.
These General Terms and Conditions of Use and Sale were updated on April 5, 2022.